United States Fourth Circuit

In a suit by a bank employee alleging wrongful discharge by his employer, dismissal of the complaint is affirmed where: 1) the at-pleasure provision of the National Bank Act preempts state law claims for wrongful discharge; 2) the district court did not err when it concluded that plaintiff was an officer of the Bank within the meaning of the NBA; and 3) ratification by a board of directors of a termination is sufficient to invoke the preemptive effect of the at-pleasure provision.

Appellate Information

• Decided 04/01/2008
• Published 04/01/2008

Judges

• Before WILKINSON and KING, Circuit Judges, and HENRY F. FLOYD, United States District Judge for the District of South Carolina, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Laurence S. Kaye, Gaithersburg, Maryland, for Appellant.   Elena Daly Marcuss, McGuirewoods, L.L.P., Baltimore, Maryland, for Appellee.   ON BRIEF:  Julie Glass Martin-Korb, Rockville, Maryland, for Appellant.  Douglas M. Topolski, McGuirewoods, L.L.P., Baltimore, Maryland, for Appellee.